The probate office assists in the process of administering an estate. Our probate clerks will explain the procedures.
 
Please call ahead to schedule an appointment to ensure time to answer questions and discuss the probate process.
 
Our office hours are 9am to 5pm Monday through Friday. To make an appointment, call (304) 728-3230.
 
Appointments generally run 45 minutes to one hour. Please allow at least 15 minutes prior to your scheduled appointment for parking.
 
ESTATE TAX INFORMATION


What is probate?
Probate is the procedure whereby a will is admitted to record in the clerk's office, or the process of qualifying a person as executor or administrator of an estate, or the entire process of administering an estate.
 
What is the probate process?
To probate an estate in West Virginia, you must go to the county clerk’s probate office located in the county where decedent resided at the time of death.
Why probate?
It is necessary to probate an estate when the decedent has solely-held assets; that is, assets that do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the will), or a pay on death designee. Assets include real property, personal property, bank accounts, stocks and bonds, retirement accounts, life insurance policies, and other types of securities.
 
PROBATE TERMS AND DEFINITIONS
Administrator
the person appointed by and qualified before the clerk to administer the decedents estate when there is no will, or when the will does not name an executor or names an executor who for some reason does not serve


Administrator CTA ("Cum Testamento Annexo" or "with the will annexed")
an administrator of the estate other than the named executor in a will who serves when all named executors are unable to serve due to death, incapacity or renunciation of their right to serve


Beneficiary
a person or organization entitled to receive a portion of the estate


Bond
a written document in which the obligor formally recognizes an obligation to pay money in the event the obligor does not properly perform his or her duties


Certificate of Qualification
the form that the personal representative receives from the clerk at the time of qualification; it states that a person has qualified as executor or administrator and has authority to act on behalf of the estate; it is sometimes referred to as Letters Testamentary


Certified Copy
a copy of a document or record signed and certified as a true copy by the officer to whose custody the original is entrusted


Codicil
a supplement or an addition to a will which may explain, modify, add to, subtract from, qualify, alter, restrain, or revoke provisions in an existing will


Commissioner of Accounts
a person(s) appointed by the court to monitor the reports and activities of personal representatives


Creditor
a person or organization owed money by the decedent


Decedent
the deceased person


Estate
the decedent's property, including real estate, personal property and all other assets owned or controlled by decedent at the time of his/her death


Executor
the person named in decedent's will to administer the estate; to accept the appointment, the executor must qualify before the clerk


Fiduciary
a person in a position of trust with respect to another's property; a general term used to refer to executor, administrator or trustee


Heirs at Law
a person(s) who would inherit the decedent's estate if the decedent died without a will


Holographic Will
a will written entirely by the testator with his own hand and not witnessed/attested


Intestate Estate
an estate to be administered without a will


Inventory
a detailed list of articles; a list or schedule of property containing designation or description of such specific article


Personal Representative
either the executor or the administrator of the estate


Probate
the procedure whereby a will is admitted to record in the clerk's office; it is also used to include the process of qualifying a person as an executor or administrator of an estate; it sometimes is referred to as the entire process of administering an estate


Qualification
the procedure whereby a person is appointed by the clerk to serve as executor or administrator of a decedent's estate


Self-Proved Will
a will that includes a notarized affidavit of the testator and attesting witnesses (see Virginia Code §64.1-87.1 & Virginia Code §64.1-87.2, as amended, for specific language)


Testator
one who dies leaving a will


Testate Estate
an estate to be administered pursuant to a will


Will
a written document that gives instructions on how a person wants his or her property distributed after death


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Recording Department note:
All documents received by 4:30pm will be recorded same day.
 
Documents received after 4:30pm will be recorded next day.
 
 
Click in the Icon:
Any unauthorized use of the information being provided will result in prosecution to the fullest extent of the law.
 
Our office, in conjunction with our software vendor,
has made every attempt to eliminate social security
numbers from the online version of our public records.
However, should citizens find that their social security
number is still visible online, we ask that they call
our office at (304) 728-3215 for immediate removal
of that number.
 
 
 
 

REDEEMING PROPERTY TAXES

As of July 1st, 2010, the redemption of deliquent taxes is being handled by the West Virginia State Auditor's Office. Although our office will be able to assist you with redemption figures, we are not able to process the redemption. We will be happy to provide the information needed to redeem your property with the State Auditor's Office.

West Virginia State Auditor's Office
 
WVSAO
County Collections Division
Toll Free: (888) 509-6568
 
 
 
 
 
Eastern Panhandle Organization of Homeowners Associations Website:
 
West Virginia Caregivers